(영문) 수원지방법원 2019.02.01 2017나59260 (1)

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(영문) 수원지방법원 2019.02.01 2017나59260 (1)

건물철거, 부당이득금 등

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1. The plaintiff and the succeeding intervenor all appeals against the defendants are dismissed.

2. The costs of appeal are assessed against the Plaintiff.

Reasons

Facts of recognition

Around the end of 193, network S (hereinafter referred to as “S”) entered into a sales contract with T and A, B, and C (hereinafter referred to as “sellers”) with the content that the seller would purchase the instant land, etc. from the seller for the purpose of newly building and selling it in lots at KRW 240,000,00,000 (hereinafter referred to as “the first sales contract”) with the content that the seller would purchase the instant land, etc. from the seller for the purpose of selling it (hereinafter referred to as “the first sales contract”).

The representative T of the seller A and the architect S refers to the seller B.

1. If, without any condition, not less than 3 months (90 days) without permission in this construction work, Eul transfers all the particulars of the construction to Gap without any condition.

2. The value of land shall be 240,000,000 won, and 20,000,000 won shall be paid to Party A at the time of permission for construction.

3. B shall be treated at the cost of self-sufficiency after the completion of construction, and at the time of completion, A shall transfer the land to B and at the same time transfer two households of multi-family housing (second floor above the ground) to B to B.

4. B shall, after completion, pay in advance 100,000,000 won from part of the amount of application for bank loans to A.

5. In the case of paragraphs 3 and 4, in accordance with the case where Gap's non-performance of the transfer of land to Eul, Eul shall transfer to Eul part of the property under the credit guarantee insurance policy or the name of Eul (not less than 200 million won) which is not less than 20 million won, after conducting a notarized treatment to Gap, all of this land.

S obtained a building permit on July 11, 1994, and paid 20,000,000 won to sellers. At the time of springing in 195, 2 multi-household houses with the first floor above the third floor above the reinforced concrete structure slab roof, such as the attached list, (hereinafter referred to as "multi-household houses in this case").

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